04/08/2022 10:17

Vietnam: How to distinguish different types of labor contracts?

Vietnam: How to distinguish different types of labor contracts?

I would like to know how many types of labor contracts there are according to current regulations in Vietnam. How to distinguish these types of contracts? Best regards

The Labor Code 2019 stipulates that there are 02 types of labor contracts: fixed-term employment contracts and indefinite-term employment contracts. Compared with the Labor Code 2012, the new regulations have eliminated seasonal labor contracts or certain jobs with a term of less than 12 months.

Below, are the criteria to distinguish 02 types of contracts according to the provisions of the Labor Code 2019:

Criteria

Fixed-term employment contracts

Indefinite-term employment contracts

Duration

No more than 36 months from the effective date of the contract

Indefinite term

Re-signing contract

- Can only sign a maximum of 02 time employment contracts with a definite term

- After that, if the employment contract expires but the employee continues to work, he/she must sign an indefinite-term employment contract.

N/A

Termination of employment contract

- The employment contract expires

- If the employee continues to work after the contract expires:

+ Must sign a new labor contract within 30 days.

+ If the contract is not renewed within 30 days, the old contract will become an indefinite term labor contract.

Contract do not expire

Notice period before unilateral termination of the contract

- Employment contract with a term of less than 12 months: at least 03 working days notice

- Employment contract with a term of 12–36 months: at least 30 days notice

At least 45 days notice

 
Nhu Y
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